New Hampshire HB 661: relative to the department of health and human services management of social security payments, supplemental security income payments, and veterans benefits for children in foster care.

Bill Text

HB 661-FN - AS AMENDED BY THE SENATE

11Mar2026... 0821h

04/16/2026 1425s

05/14/2026 1854s

2025 SESSION

 25-0373

 05/09

HOUSE BILL 661-FN

AN ACT relative to the department of health and human services management of social security payments, supplemental security income payments, and veterans benefits for children in foster care.

SPONSORS: Rep. Wallner, Merr. 19; Rep. Mooney, Hills. 12; Rep. DeSimone, Rock. 18; Rep. Rice, Hills. 38; Sen. Rosenwald, Dist 13; Sen. Long, Dist 20; Sen. Rochefort, Dist 1

COMMITTEE: Children and Family Law

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AMENDED ANALYSIS

 This bill: 

 I. Establishes requirements for the management of federal benefits received by dependent children in the custody of the department of health and human services.

 II. Provides for appointment of a representative payee, which may be the department if no other suitable candidate is available.

 III. Directs the department to adopt procedures regarding establishment of ABLE accounts for dependent children for whom the department is representative payee and authorizes the department to request additional funds from the fiscal committee for this purpose.

 IV. Establishes a phase-in schedule for the percentage of benefits conserved on behalf of the child beginning July 1, 2028.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0821h

04/16/2026 1425s

05/14/2026 1854s 25-0373

 05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT relative to the department of health and human services management of social security payments, supplemental security income payments, and veterans benefits for children in foster care.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Section; Dependent Children; Federal Benefits. Amend RSA 126-A by inserting after section 6 the following new section:

 126-A:6-a Dependent Children; Eligibility For and Appointment of Representative Payee to Manage Federal Benefits. 

 I. For all children in the care of the department, the department shall determine whether each child is receiving benefits administered by the Social Security Administration or the Veterans Administration within 60 days after the child enters the department's care. If the department determines that a child is not receiving benefits but may be eligible for federal benefits, the department shall apply for the benefits on behalf of the child.

 II. If a child is already receiving benefits before entering the department's care with an appointed representative payee in place, the department shall not seek to change the payee appointment unless the current payee has been deemed unsuitable or other circumstances warranting a payee change are met in accordance with the federal regulations for naming a successor payee. If there is no payee or if the department applies for benefits on behalf of the child, the department shall identify, in consultation with the child and the child's representative, a representative payee in accordance with 20 C.F.R. sections 404.2021 and 416.621 and encourage the identified individual to apply to the Social Security Administration to be appointed as the child's representative payee. The department shall apply to become the representative payee only if no other suitable candidate is available.

 2 New Paragraphs; Use and Management of Federal Benefits. Amend RSA 126-A:6-a by inserting after paragraph II the following new paragraphs: 

 III. If the department is determined by the court to serve as the representative payee: 

 (a) The department shall not use the child's federal benefits, other benefits, savings, or assets to pay for or reimburse the department or this state for any of the costs of the child's care in accordance with the phase-in schedule under subparagraph (b).

 (b) In addition to any amount required to be set aside by the department under federal law and the division for children, youth and families policy, the department shall conserve the following amounts on behalf of the child:

 (1) Beginning July 1, 2028, the department shall conserve 25 percent of the child's federal benefits.

 (2) Beginning July 1, 2030, the department shall conserve 50 percent of the child's federal benefits.

 (3) Beginning July 1, 2032, the department shall conserve 75 percent of the child's federal benefits.

 (4) Beginning July 1, 2034, the department shall conserve 100 percent of the child's federal benefits.

 (c) The department may use the child's federal benefits for the child's unmet needs beyond what the department is obligated or required